An accident at work is any sudden damage to health occurring during and in connection with or in connection with the work performed, as well as any work done in the interest of the enterprise where it has caused temporary incapacity for work, permanently reduced working capacity or death and for that, you need a Toronto defence lawyer.
An accident at work is also an accident occurring during the usual way when you go or return from the workplace to the place where you live, the place where you eat during the work day and the place where you receive the salary.
In the case of an accident at work, victims or their heirs are entitled to:
Cash benefits for temporary incapacity for work;
Financial compensation for re-employment;
Personal or survivor’s disability pension;
Cash benefits for prevention and rehabilitation;
One-off help at death.
The employer owes compensation for the difference between the damage caused – non-pecuniary and pecuniary, including the loss of benefit, and the social security benefit and / or pension.
Case at Work Accident
In case you are permanently incapacitated as a result of the accident, the employer owes compensation up to your retirement age. Even if you receive an invalidity pension, your employer is required to pay you compensation for the difference between your retirement pension and the salary earned before the accident.
When you have suffered an accident at work or your relative has died as a result of such an accident, it is important to know that the accident should be recognized as an accident.
This is done as follows:
Witnesses of the accident, the injured himself or his immediate supervisor, inform the employer of the accident.
Once the employer has been informed of the accident, it must immediately investigate the circumstances in which the accident occurred. This investigation is mandatory and independent of the investigation of the prosecutor’s office or of the state control bodies conducting labor inspection.
The accident investigation is carried out by a commission appointed by the employer. Representatives of health and safety workers working in the committees and groups on working conditions and trade unions must also be invited to the investigation.
The investigation of an accident at work should identify the specific circumstances and reasons for its occurrence, the type of disability as well as all other data that will assist the NSSI territorial unit to decide on the nature of the accident.
If the persons who participated in the investigation disagree with the findings or the manner of conducting the investigation, they shall within three days submit written objections, which shall be annexed to the minutes.
The decision of the head of the territorial division of the NSSI may be appealed within 14 days from its receipt before the respective administrative court, according to the procedure of the Administrative Procedure Code. The complaint is filed through the head of the territorial unit, who is obliged within seven days to send it together with the file in the court.
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